Kentucky limits no-touch warranties after Breonna Taylor’s death

LOUISVILLE, Ky. (AP) – Kentucky Gov. Andy Beshear signed a partial ban on no-touch orders on Friday after months of protests initiated by the deadly shooting of Breonna Taylor at her home during a raid on the police raid last year.

The law signed by the Democratic governor is not the total ban many protesters and some Democratic lawmakers had sought (a proposal that had been introduced as “Breonna’s law”), but it also does not prevent cities and towns from completely banning orders.

The move garnered bipartisan support in the legislature, where Republicans maintain veto-proof supermajors in the House and Senate. The law only allows orders not to strike if there is “clear and convincing evidence” that the crime under investigation “would qualify a person, if convicted, as a violent offender.”

Taylor, a 26-year-old Louisville emergency medical technician who was studying to be a nurse, was shot several times in March 2020 after police lifted him from bed. No drugs were found and the authority was later found to be defective.

“This is a significant change,” Beshear said. “It will save lives and move us in the right direction. I know more things need to be done. I know the fight is not over. “

Members of the Taylor family were behind the governor during the signing of the bill at the Kentucky Center for African American Heritage in Louisville. Taylor’s mother, Tamika Palmer, shed tears when she accepted the pen the governor used to sign the measure.

“While they did not want full legislation in terms of a complete ban on non-touch orders, they are pleased that this is a start and a victory in a deeply divided General Assembly,” the family’s lawyer said. , Lonita Baker.

Baker added that the family hopes to work with lawmakers on future legislation to further restrict orders and increase police accountability.

The “Breonna law” would have banned all orders not to hit, impose sanctions on officers who misuse body cameras and force drug and alcohol testing on officers involved in “fatal incidents.”

Under the law that was passed, orders must be executed without a hit between 6 a.m. and 10 p.m., and officers must take additional steps to obtain orders. Judges must also read legibly when they are approved and an EMT must be nearby during the execution of the order.

In the Taylor case, a no-strike order was passed as part of a drug investigation by the Louisville Metro Police Department. However, officers said they called and announced his presence before entering Taylor’s apartment, although some witnesses have disputed that claim.

In September, a grand jury charged one of the officers with charges of manslaughter for shooting at a neighbor’s apartment, but none were charged in connection with Taylor’s death. This was based in part on the presentation of Republican Attorney General Daniel Cameron, who did not recommend any charges against officers who shot Taylor’s flat.

One of these officers, Myles Cosgrove, was fired. Federal ballistics experts said they believed the shot that killed Taylor came from Cosgrove. The police department also fired officer Joshua Jaynes, who got the order.

Virginia passed a ban on all no-touch guarantees last year. Warranties are also not allowed in Florida and Oregon.

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Hudspeth Blackburn is a member of the body of the Associated Press / Report for America Statehouse News Initiative. Report for America is a national nonprofit services program that places journalists in local newsrooms to report on covert issues.

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